Ohio Rev. Code Ann. § 2953.08

Section 2953.08(G)(2) permits an appellate court to alter or vacate a felony sentence only if it clearly and convincingly finds that specified findings lack record support or that the sentence is contrary to law.

State v. Davis · filed 2021-01-22(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, or modify a sentence, or it may vacate the sentence and remand for resentencing, only if it “clearly and convincingly” finds either (1) that the record does not support certain specified findings or (2) that the sentence imposed is contrary to law.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that the record does not support specified sentencing findings or that the sentence is otherwise contrary to law.

State v. Smith · filed 2021-01-22(G)(2)

R.C. 2953.08(G)(2) provides that an appellate court may increase, reduce, or otherwise modify a sentence or may vacate the sentence and remand the matter to the sentencing court for resentencing if it clearly and convincingly finds either of the following: (a) That the record does not support the sentencing court’s findings under division (B) or (D) of section 2929.13, division (B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section 2929.20 of the Revised Code, whichever, if any, is relevant; (b) That the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits reversal of a felony sentence when clear and convincing evidence shows that the record does not support the trial court’s required findings or that the sentence is otherwise contrary to law.

State v. Purvis · filed 2021-02-01(G)(2)

“Under R.C. 2953.08(G)(2), an appellate court will reverse a sentence ‘only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.’” ... After reviewing the evidence in the record, Purvis has not carried the burden of establishing that his sentence is clearly and convincingly contrary to law nor has he shown by clear and convincing evidence that his sentence is unsupported by the record.

Section 2953.08(G)(2) permits an appellate court to reverse a felony sentence only if clear and convincing evidence shows that the record does not support the relevant statutory findings or that the sentence is contrary to law.

State v. Chears · filed 2021-02-01(G)(2)

Under R.C. 2953.08(G)(2), an appellate court will reverse a sentence “only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.”

When an appellant challenges only an aggregate consecutive sentence, § 2953.08(G)(2)(a) permits modification or remand if the appellate court clearly and convincingly finds the trial court’s consecutive sentencing findings unsupported by the record.

State v. Lunn · filed 2021-02-03(G)(2)(a)

Appellant makes no argument either of her individual sentences was contrary to law; rather, she argues the aggregate sentence of eight years is contrary to law. Therefore, pursuant to the Ohio Supreme Court’s decision in Gwynne, supra, we may only modify the sentence or remand for resentencing if we clearly and convincingly find the trial court’s consecutive sentencing findings, made pursuant to R.C. 2929.14(C)(4), are not supported by the record. R.C. 2953.08(G)(2)(a).

Section 2953.08(G)(2) permits an appellate court to change a felony sentence if it clearly and convincingly finds that the record does not support required sentencing findings or that the sentence is contrary to law.

State v. Snider · filed 2021-02-03(G)(2)

“R.C. 2953.08(G)(2) provides that an appellate court may increase, reduce, modify, or vacate and remand a challenged felony sentence if the court clearly and convincingly finds either: (a) that the record does not support the sentencing court’s findings under” applicable statutory sentencing provisions (e.g. R.C. 2929.14(C)(4)), or (b) “that the sentence is contrary to law.”

Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence that is not contrary to law only if clear and convincing evidence shows the record does not support it.

State v. Mills · filed 2021-02-05(G)(2)

In regard to the maximum sentence that was imposed, our review is limited. We have repeatedly ruled that based upon the language of R.C. 2953.08(G)(2), when a sentence is not contrary to law, we may only vacate or modify a felony sentence if we find by clear and convincing evidence that the record does not support the sentence.

Section 2953.08(G)(2) does not permit an appellate court to modify or vacate a sentence solely because it concludes the sentence lacks support under the purposes and factors in sections 2929.11 and 2929.12.

State v. Kelly · filed 2021-02-05(G)(2)

The Jones decision also noted that R.C. 2953.08(G)(2)(b) permits an appellate court to modify or vacate a sentence if it is “otherwise contrary to law.” ... Given this and the Jones ruling, there is no basis for this court to modify or vacate Kelly’s sentence upon a conclusion that the sentence was not supported by the R.C. 2929.11 purposes of felony sentencing or the R.C. 2929.12 sentencing factors.

Section 2953.08(G)(2) permits an appellate court to reverse a felony sentence when clear and convincing evidence shows that the record does not support the required findings or that the sentence is contrary to law.

State v. Risner · filed 2021-02-08(G)(2)

“Under R.C. 2953.08(G)(2), an appellate court will reverse a sentence ‘only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.’”

Section 2953.08(G)(2) permits an appellate court to reverse a felony sentence when clear and convincing evidence shows that it is contrary to law, including when it exceeds the statutory range.

State v. Harrington · filed 2021-02-08(G)(2)

Under R.C. 2953.08(G)(2), an appellate court will reverse a sentence “only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.” ... Accordingly, Harrington’s sentence is contrary to law.

Section 2953.08(G)(2) permits an appellate court to alter a felony sentence when it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is contrary to law.

State v. Fulford · filed 2021-02-09(G)(2)

R.C. §2953.08(G)(2) provides we may either increase, reduce, modify, or vacate a sentence and remand for resentencing where we clearly and convincingly find that either the record does not support the sentencing court’s findings under R.C. §2929.13(B) or (D), §2929.14(B)(2)(e) or (C)(4), or §2929.20(l), or the sentence is otherwise contrary to law.

Section 2953.08(G)(2)(b) does not allow an appellate court to modify or vacate a sentence because it believes the record does not support the sentence under R.C. 2929.11 and 2929.12.

State v. Poff · filed 2021-02-11(G)(2)(b)

R.C. 2953.08(G)(2)(b) does not provide a basis for an appellate court to modify or vacate a sentence based on its view that the sentence is not supported by the record under R.C. 2929.11 and 2929.12.

Section 2953.08(G)(2) permits an appellate court to correct a felony sentence when it clearly and convincingly finds that the specified sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Thompson · filed 2021-02-11(G)(2)

R.C. 2953.08(G)(2) provides, in part, that when reviewing felony sentences, the appellate court’s standard is not whether the sentencing court abused its discretion; rather, if this court “clearly and convincingly” finds that (1) “the record does not support the sentencing court’s findings under (B) or (D) of section 2929.13, division (B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section 2929.20” or (2) “the sentence is otherwise contrary to law,” then we may conclude that the court erred in sentencing.

Section 2953.08(G)(2)(a) limits appellate review of consecutive sentences to whether the trial court’s findings are clearly and convincingly unsupported by the record.

State v. McGowan · filed 2021-02-12(G)(2)(a)

Thus, our review is limited to whether the trial court’s findings are clearly and convincingly unsupported by the record as set forth in R.C. 2953.08(G)(2)(a).

Section 2953.08(G)(2)(b) does not allow an appellate court to modify or vacate a sentence because it would weigh the factors in R.C. 2929.11 and 2929.12 differently.

State v. Stanley · filed 2021-03-01(G)(2)(b)

“R.C. 2953.08(G)(2)(b) therefore does not provide a basis for an appellate court to modify or vacate a sentence based on its view that the sentence is not supported by the record under R.C. 2929.11 and 2929.12.” ... While Stanley is obviously unhappy with her sentence and wishes the court would have weighed the factors differently, the competing factors in R.C. 2929.11 and 2929.12 are for the sentencing court to weigh, not the court of appeals.

Section 2953.08(G)(2)(a) permits an appellate court to modify consecutive sentences if it clearly and convincingly finds that the record does not support the sentencing court’s findings.

State v. Halka · filed 2021-01-22(G)(2)(a)

We review felony sentences pursuant to R.C. 2953.08(G)(2), and may increase, reduce, or otherwise modify a sentence if we clearly and convincing find that ... “the record does not support the sentencing court’s findings” for consecutive sentences.

Section 2953.08(G)(2) does not permit an appellate court to modify or vacate a sentence merely because it finds inadequate record support under R.C. 2929.11 and 2929.12.

State v. Richcreek · filed 2021-03-08(G)(2)

Even if we were to agree with Richcreek that his sentence was not supported by the record under R.C. 2929.11 and 2929.12—to be clear, we do not—in light of the Supreme Court of Ohio’s holding in Jones, we could not vacate or modify Richcreek’s sentence on that basis. As discussed above, Richcreek’s sentence is within the statutory range and it is clear that the trial court considered R.C. 2929.11 and 2929.12. Thus, Richcreek’s sentence is not clearly and convincingly contrary to law, and it must therefore be affirmed.

Section 2953.08(G)(2) allows an appellate court to vacate or modify a consecutive sentence when it clearly and convincingly finds that the record does not support the sentence.

State v. Sweeney · filed 2021-03-08(G)(2)

Appellate courts “‘may vacate or modify any sentence that is not clearly and convincingly contrary to law’” only when the appellate court clearly and convincingly finds that the record does not support the sentence.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence only upon a clear and convincing finding that the record does not support the relevant findings or that the sentence is contrary to law.

State v. Hiles · filed 2021-03-09(G)(2)

We review the imposed sentence under the standard of review set forth in R.C. 2953.08(G)(2), governing all felony sentences. ... An appellate court may modify or vacate a sentence only if the appellate court finds by clear and convincing evidence that “the record does not support the trial court's findings under relevant statutes or that the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) limits an appellate court’s authority to modify or vacate a felony sentence to cases where clear and convincing evidence shows that specified findings lack record support or the sentence is otherwise contrary to law.

State v. Woody · filed 2021-03-18(G)(2)

Our authority to modify or vacate the trial court’s sentence is limited to those circumstances where we find clear and convincing evidence that "the record does not support the sentencing court's findings under division (B) or (D) of section 2929.13, division (B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section 2929.20 of the Revised Code, whichever, if any, is relevant[or] [t]hat the sentence is otherwise contrary to law." R.C. 2953.08(G)(2)(a), (b).

Section 2953.08(G)(2)(b) does not permit an appellate court to independently weigh the sentencing factors in R.C. 2929.11 and 2929.12 to modify or vacate a sentence.

State v. Conley · filed 2021-03-19(G)(2)(b)

Beyond that, under Jones, we are not permitted to independently weigh the statutory sentencing factors in R.C. 2929.11 and 2929.12 and substitute our judgment for that of the trial court.

Section 2953.08(G)(2) permits an appellate court to modify consecutive sentences if it clearly and convincingly finds that the record does not support the sentencing court’s required findings.

State v. Boss · filed 2021-03-29(G)(2)

Instead, we review consecutive sentences under R.C. 2953.08(G) and R.C. 2929.14(C)(4). ... We do not clearly and convincingly find the record does not support the findings, as the record established that Boss has a history of criminal conduct, including previous convictions for domestic violence and violating a protection order; his assaultive behavior has escalated; he has attempted to place blame on the victim for the incidents; and his actions constitute serious and dangerous conduct.

Section 2953.08(G)(2) does not permit an appellate court to reweigh the evidence and substitute its judgment for the trial court’s when reviewing compliance with sentencing factors.

State v. Romine · filed 2021-03-29(G)(2)

We recently addressed the same challenge in State v. Roberts, 5th Dist. No. 2021-Ohio-90, ¶ 81 and explained nothing in R.C. 2953.08(G)(2) permits this court to independently weigh the evidence in the record and substitute its own judgment for that of the trial court to determine a sentence that best reflects compliance with R.C. 2929.11 and R.C. 2929.12.

Section 2953.08(G)(2) permits an appellate court to change or vacate a felony sentence if it clearly and convincingly finds that required sentencing findings lack record support or that the sentence is contrary to law.

State v. Pate · filed 2021-04-01(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, modify, or vacate and remand a challenged felony sentence if the court clearly and convincingly finds either that the record does not support the sentencing court’s findings as required by relevant sentencing statutes, or the sentence is otherwise contrary to law.

Section 2953.08(G)(2) allows an appellate court to modify or vacate a felony sentence when it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is contrary to law.

State v. Mitchell · filed 2021-04-09(G)(2)

Pursuant to R.C. §2953.08(G)(2), we may either increase, reduce, modify, or vacate a sentence and remand for resentencing where we clearly and convincingly find that either the record does not support the sentencing court's findings under R.C. §2929.13(B) or (D), §2929.14(B)(2)(e) or (C)(4), or §2929.20(I), or the sentence is otherwise contrary to law.

Section 2953.08(G)(2)(a) does not allow an appellate court to modify or vacate a sentence because the record does not support findings under R.C. 2929.11 or R.C. 2929.12.

State v. Benedict · filed 2021-03-26(G)(2)(a)

In Jones, the Supreme Court, noting that R.C. 2929.11 and R.C. 2929.12 “are not among the statutory provisions listed in R.C. 2953.08(G)(2)(a),” concluded that R.C. 2953.08(G)(2)(a) does not provide “a basis for an appellate court to modify or vacate a sentence based upon the lack of support in the record for the trial court’s findings under R.C. 2929.11 or R.C. 2929.12.” Id. at ¶ 28. ... Thus, Benedict’s argument regarding the trial court’s failure to comply with R.C. 2929.11 and R.C. 2929.12 is without merit.

Section 2953.08(G)(2)(b) permits an appellate court to reverse a felony sentence as contrary to law only when clear and convincing evidence supports that conclusion.

State v. Patterson · filed 2021-04-12(G)(2)(b)

Under R.C. 2953.08(G)(2), an appellate court will reverse a sentence “only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.” ... Because Patterson did not challenge whether the prison terms imposed by the trial court in this case are within the statutory range or whether the trial court considered the statutory factors as to his original sentence arising from the judgment entry of sentence on April 27, 2011, under Jones we could not conclude that Patterson’s sentence is clearly and convincingly contrary to law.

Section 2953.08(G)(2) permits an appellate court to vacate felony sentences it clearly and convincingly finds contrary to law.

State v. Ward · filed 2021-04-16(G)(2)

Consequently, we conclude that Ward’s sentences are clearly and convincingly contrary to law. See R.C. 2953.08(G)(2). Accordingly, we sustain the assignment of error, affirm the finding of the community-control violations, vacate Ward’s sentences, and remand the case for resentencing with incarceration not an option.

Section 2953.08(G)(2) permits an appellate court to change a felony sentence only when it clearly and convincingly finds that the record does not support specified sentencing findings or that the sentence is otherwise contrary to law.

State v. Derrick · filed 2021-04-16(G)(2)

Under that statute, an appellate court may increase, reduce, or modify a sentence, or it may vacate the sentence and remand for resentencing, only if it clearly and convincingly finds either: (1) the record does not support the sentencing court’s findings under certain statutes (including R.C. 2929.14(C)(4), which concerns the imposition of consecutive sentences); or (2) the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence only when clear and convincing evidence shows that the record does not support the required findings or that the sentence is otherwise contrary to law.

State v. Bell · filed 2021-04-16(G)(2)

Pursuant to the plain language of R.C. 2953.08(G)(2), this court may vacate or modify an appellant’s sentence only if it determines by clear and convincing evidence that: (1) the record did not support the trial court’s findings under relevant statutes; or (2) the sentence was otherwise contrary to law.

Section 2953.08(G)(2)(b) does not allow an appellate court to modify or vacate a sentence because it believes the record does not support the sentence under R.C. 2929.11 and 2929.12.

State v. Burton · filed 2021-04-19(G)(2)(b)

“R.C. 2953.08(G)(2)(b) therefore does not provide a basis for an appellate court to modify or vacate a sentence based on its view that the sentence is not supported by the record under R.C. 2929.11 and 2929.12.”

Section 2953.08(G)(2) permits an appellate court to change a felony sentence only when it clearly and convincingly finds that the record does not support specified sentencing findings or that the sentence is otherwise contrary to law.

State v. Clark · filed 2021-04-23(G)(2)

R.C. 2953.08(G)(2) sets forth the standard that we use in reviewing a felony sentence: an appellate court may increase, reduce, or modify a sentence, or it may vacate the sentence and remand for resentencing, only if it clearly and convincingly finds either that (1) the record does not support the sentencing court’s findings under certain enumerated statutory sections, or (2) the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to change or vacate a felony sentence if it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is contrary to law.

State v. Smith · filed 2021-05-03(G)(2)

R.C. 2953.08(G)(2) provides we may either increase, reduce, modify, or vacate a sentence and remand for resentencing where we clearly and convincingly find that either the record does not support the sentencing court's findings under R.C. 2929.13(B) or (D), 2929.14(B)(2)(e) or (C)(4), or 2929.20(I), or the sentence is otherwise contrary to law.

Section 2953.08(G)(2)(b) does not allow an appellate court to modify or vacate a felony sentence as contrary to law merely because the record does not support it under sections 2929.11 and 2929.12.

State v. Duchenois · filed 2021-05-07(G)(2)(b)

As for R.C. 2953.08(G)(2)(b), we held that “State v. Jones also confirms that R.C. 2953.08(G)(2)(b) does not provide a mechanism for an appellate court to modify or vacate a felony sentence based upon a finding that the sentence is ‘contrary to law’ because it clearly and convincingly is not supported by the record under R.C. 2929.11 and R.C. 2929.12.” Id. at ¶ 8, citing Jones at ¶ 32-39. ... It follows, then, that there is no basis on which we can modify or vacate Duchenois’s prison sentence.

Section 2953.08(G)(2) requires an appellate court to affirm a felony sentence that falls within the statutory range and was imposed after the trial court considered the applicable sentencing factors.

State v. Reed · filed 2021-05-10(G)(2)

Under R.C. 2953.08(G)(2), an appellate court will reverse a sentence “only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.” ... In sum, the record demonstrates that the prison terms imposed by the trial court in this case are within the statutory range and that the trial court considered the statutory factors in R.C. 2929.11 and 2929.12 when it fashioned Reed’s aggregate sentence. Thus, Reed’s sentence is not clearly and convincingly contrary to law, and it must therefore be affirmed.

Section 2953.08(G)(2) permits an appellate court to change or vacate a felony sentence when it clearly and convincingly finds that specified sentencing findings lack record support or the sentence is contrary to law.

State v. Wiley · filed 2021-05-20(G)(2)

R.C. 2953.08(G)(2) provides we may either increase, reduce, modify, or vacate a sentence and remand for resentencing where we clearly and convincingly find either the record does not support the sentencing court's findings under R.C. 2929.13(B) or (D), 2929.14(B)(2)(e) or (C)(4), or 2929.20(I), or the sentence is otherwise contrary to law.

When the sentencing findings listed in subsection (G)(2)(a) are not at issue, an appellate court reviews whether the felony sentence is clearly and convincingly contrary to law.

State v. Penn · filed 2021-05-21(G)(2)

There is no question that the first prong, under R.C. 2953.08(G)(2)(a), is inapplicable to the analysis at hand. Therefore, we are left to examine whether the sentences are clearly and convincingly “otherwise contrary to law” as provided for in R.C. 2953.08(G)(3)(b).

Section 2953.08(G)(2) permits an appellate court to change a felony sentence if it clearly and convincingly finds that the record does not support the required sentencing findings or that the sentence is otherwise contrary to law.

State v. Dean · filed 2021-06-04(G)(2)

We review felony sentences under R.C. 2953.08(G)(2). ... We further conclude that clear and convincing evidence in the record supports the trial court’s findings relative to the imposition of consecutive sentences. Therefore, appellant’s sentence is not contrary to law.

Section 2953.08(G)(2) does not allow an appellate court to vacate a felony sentence merely because the record does not support the trial court’s assessment under sections 2929.11 and 2929.12; the court reviews whether the sentence is contrary to law.

State v. Ward · filed 2021-06-07(G)(2)

A review of the record in this case shows that the trial court did consider the statutory factors set forth in R.C. 2929.11 and 2929.12. The sentences imposed for each of the offenses was within the statutory range. See R.C. 2929.14. Thus, Ward cannot show that this sentence is clearly and convincingly contrary to law and his sentence must be affirmed.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence only if it finds by clear and convincing evidence that the record does not support the sentencing findings or that the sentence is contrary to law.

State v. Kirks · filed 2021-06-16(G)(2)

Pursuant to R.C. 2953.08(G)(2), an appellate court may only “increase, reduce, or otherwise modify a sentence * * * or may vacate the sentence and remand the matter to the sentencing court for resentencing” if the court finds by clear and convincing evidence “(a) [t]hat the record does not support the sentencing court's findings[,]” or “(b) [t]hat the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) permits an appellate court to overturn consecutive felony sentences when it clearly and convincingly finds that the record does not support the required findings or that the sentence is contrary to law.

State v. Williams · filed 2021-06-17(G)(2)

R.C. 2953.08(G)(2) provides that when reviewing felony sentences, a reviewing court may overturn the imposition of consecutive sentences where the court “clearly and convincingly” finds that (1) “the record does not support the sentencing court’s findings under R.C. 2929.14(C)(4),” or (2) “the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) requires appellate courts to review felony sentences under a clear-and-convincing standard, rather than for abuse of discretion.

State v. Foster · filed 2021-06-21(G)(2)

The applicable standard for review of felony sentencing is set forth in R.C. 2953.08(G)(2), which provides: ... The appellate court's standard for review is not whether the sentencing court abused its discretion. The appellate court may take any action authorized by this division if it clearly and convincingly finds either of the following: ... (b) That the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence when it clearly and convincingly finds that the record does not support the required findings or that the sentence is contrary to law.

State v. Singh · filed 2021-06-28(G)(2)

R.C. 2953.08(G)(2) provides that an appellate court can modify or vacate a sentence only if the appellate court finds by clear and convincing evidence that the record does not support the trial court's findings under relevant statutes or that the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a sentence only when it clearly and convincingly finds that the record does not support mandatory sentencing findings or that the sentence is otherwise contrary to law.

State v. Abdullaev · filed 2021-06-30(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may only modify or vacate a defendant’s sentence “if we ‘clearly and convincingly find’ that either (1) the record does not support the mandatory sentencing findings, or (2) that the sentence is ‘otherwise contrary to law.’ ”

Section 2953.08(G)(2)(b) permits an appellate court to modify or vacate a felony sentence when it finds the sentence clearly and convincingly contrary to law.

State v. Berry · filed 2021-06-30(G)(2)(b)

We review felony sentences under R.C. 2953.08(G)(2). As relevant here, the statute provides that we may only modify or vacate an appellant’s sentence if we find that the sentence is clearly and convincingly contrary to law.

Section 2953.08(G)(2) permits a reviewing court to overturn consecutive felony sentences if it clearly and convincingly finds the sentencing findings unsupported by the record or the sentence otherwise contrary to law.

State v. Kamal · filed 2021-07-01(G)(2)

R.C. 2953.08(G)(2) provides that when reviewing felony sentences, a reviewing court may overturn the imposition of consecutive sentences where the court “clearly and convincingly” finds that (1) “the record does not support the sentencing court’s findings under R.C. 2929.14(C)(4),” or (2) “the sentence is otherwise contrary to law.” ... After reviewing the record, we cannot say that the record clearly and convincingly does not support the trial court’s findings under R.C. 2929.14(C)(4).

Section 2953.08(G)(2) permits reversal when an appellate court clearly and convincingly finds that the record does not support the specified consecutive-sentence findings or that the sentence is otherwise contrary to law; abuse of discretion is not the standard.

State v. Green · filed 2021-07-15(G)(2)

The appellate court can reverse a sentence if it clearly and convincingly finds: “(a) That the record does not support the sentencing court's findings under division * * * (C)(4) of section 2929.14 * * *; [or] (b) That the sentence is otherwise contrary to law.” R.C. 2953.08(G)(2)(a)-(b). “The appellate court's standard for review is not whether the sentencing court abused its discretion.” R.C. 2953.08(G)(2).

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence only upon a clear and convincing finding that the sentence is contrary to law or that the record does not support findings under the relevant statutes.

State v. Payne · filed 2021-07-19(G)(2)

R.C. 2953.08(G)(2) provides that an appellate court can modify or vacate a sentence only if the appellate court finds by clear and convincing evidence that the sentence is contrary to law or that the record does not support the trial court's findings under relevant statutes.

Section 2953.08(G)(2) governs review of felony sentences for whether they are clearly and convincingly contrary to law.

State v. Fannin · filed 2021-07-19(G)(2)

This court reviews felony sentences pursuant to the standard of review set forth in R.C. 2953.08(G)(2) to determine whether the imposition of those sentences is clearly and convincingly contrary to law.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence when it clearly and convincingly finds that the record does not support specified sentencing findings or that the sentence is contrary to law.

State v. Wharton · filed 2021-07-20(G)(2)

R.C. 2953.08(G)(2) provides we may either increase, reduce, modify, or vacate a sentence and remand for resentencing where we clearly and convincingly find that either the record does not support the sentencing court’s findings under R.C. 2929.13(B) or (D), 2929.14(B)(2)(e) or (C)(4), or 2929.20(I), or the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to change or vacate a felony sentence only if it clearly and convincingly finds that specified findings lack record support or that the sentence is contrary to law.

State v. Deberry · filed 2021-07-23(G)(2)

In reviewing felony sentences, appellate courts must apply the standard of review set forth in R.C. 2953.08(G)(2). ... Under that statute, an appellate court may increase, reduce, or modify a sentence, or it may vacate the sentence and remand for resentencing, only if it “clearly and convincingly” finds either (1) that the record does not support certain specified findings or (2) that the sentence imposed is contrary to law.

Section 2953.08(G)(2) requires an appellate court reviewing a felony sentence to apply a clear-and-convincing-evidence standard.

State v. Oliver · filed 2021-07-26(G)(2)

This court reviews felony sentences pursuant to the standard of review set forth in R.C. 2953.08(G)(2) to determine whether the imposition of those sentences is clearly and convincingly contrary to law.

Section 2953.08(G)(2) permits an appellate court to overturn consecutive sentences if it clearly and convincingly finds that the record does not support the required findings or that the sentence is otherwise contrary to law.

State v. Wells · filed 2021-07-29(G)(2)

R.C. 2953.08(G)(2) provides that when reviewing felony sentences, a reviewing court may overturn the imposition of consecutive sentences where the court “clearly and convincingly” finds that (1) “the record does not support the sentencing court’s findings under R.C. 2929.14(C)(4),” or (2) “the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that the record does not support the required consecutive-sentence findings or that the sentence is otherwise contrary to law.

State v. Reindl · filed 2021-07-29(G)(2)

Instead, R.C. 2953.08(G)(2) provides that appellate courts “may increase, reduce, or otherwise modify a sentence * * * or may vacate the sentence and remand the matter to the sentencing court for resentencing” if the reviewing court “clearly and convincingly” finds that (a) “the record does not support the sentencing court’s findings under [R.C. 2929.14(C)(4)],” or that (b) “the sentence is otherwise contrary to law.”

Section 2953.08(G)(2)(a) requires an appellate court to modify or vacate consecutive sentences when it clearly and convincingly finds that the record does not support the required findings.

State v. Sanders · filed 2021-07-16(G)(2)(a)

We are unable to find by clear and convincing evidence in the record that the consecutive sentences were unsupported.

Section 2953.08(G)(2)(b) does not permit an appellate court to reweigh the evidence or vacate a sentence because the record lacks support for the trial court’s findings under R.C. 2929.11 and 2929.12.

State v. Hicks · filed 2021-07-16(G)(2)(b)

An appellate court may not independently weigh the evidence and substitute its judgment for that of the trial court regarding the appropriate sentence under R.C. 2929.11 and 2929.12, nor may it modify or vacate a sentence under R.C. 2953.08(G)(2)(b) based on the lack of support in the record for the trial court's findings under those statutes.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence when it clearly and convincingly finds that the sentencing findings lack record support or the sentence is otherwise contrary to law.

State v. Newman · filed 2021-06-24(G)(2)

Pursuant to R.C. 2953.08(G)(2), an appellate court may only “increase, reduce, or otherwise modify a sentence * * * or may vacate the sentence and remand the matter to the sentencing court for resentencing” if the court finds by clear and convincing evidence “(a) [t]hat the record does not support the sentencing court's findings[,]” or “(b) [t]hat the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) does not authorize an appellate court to vacate only some of a defendant’s consecutive sentences.

State v. Gwynne · filed 2021-07-09(G)(2)

While we still disagree with what we view as a wholly excessive sentence for a non-violent first time felony offender, no authority exists for this court to vacate some, but not all of Gwynne's consecutive sentences.

Section 2953.08(G)(2) permits a reviewing court to modify a felony sentence when it clearly and convincingly finds that the record does not support required findings or that the sentence is otherwise contrary to law.

State v. Scott · filed 2021-08-05(G)(2)

Pursuant to R.C. 2953.08(G)(2), a reviewing court may increase, reduce, or otherwise modify a felony sentence if it clearly and convincingly finds that either (a) the record does not support certain required statutory findings or (b) the sentence is otherwise contrary to law.

Section 2953.08(G)(2)(a) permits an appellate court to modify or vacate a felony sentence when it clearly and convincingly finds that the record does not support findings under specified sentencing provisions.

State v. French · filed 2021-08-11(G)(2)(a)

Pursuant to R.C. 2953.08(G)(2)(a), we may modify or vacate a defendant’s sentence only if we clearly and convincingly find that the record does not support the trial court’s findings under certain enumerated sections or that the sentence is contrary to law.

Section 2953.08(G)(2) permits an appellate court to change or remand a felony sentence if it clearly and convincingly finds that required sentencing findings lack record support or that the sentence is contrary to law.

State v. Phillips · filed 2021-08-12(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, modify, or vacate and remand a challenged felony sentence if the court clearly and convincingly finds either that the record does not support the sentencing court’s findings as required by relevant sentencing statutes, or the sentence is otherwise contrary to law.

Section 2953.08(G) permits an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is contrary to law.

State v. Hughes · filed 2021-08-12(G)

We review felony sentences pursuant to the standard found in R.C. 2953.08(g) and therefore “may increase, reduce, or otherwise modify a sentence, or vacate a sentence and remand for resentencing if it ‘clearly and convincingly finds’ that the record does not support the sentencing court’s findings under R.C. 2929.13(B) or (D), 2929.14(B)(2)(e) or (C)(4), or 2929.20(I), or the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) limits when an appellate court may modify or vacate a felony sentence and requires a clear and convincing finding.

State v. Arnold · filed 2021-08-18(G)(2)(a)

Pursuant to R.C. 2953.08(G)(2)(a), we may modify or vacate a defendant’s sentence only if we clearly and convincingly find that the record does not support the trial court’s findings under relevant statutes or that the sentence is contrary to law.

Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence only upon clear and convincing evidence that the record does not support the required findings or that the sentence is contrary to law.

State v. Marneros · filed 2021-08-19(G)(2)

Appellate review of felony sentences is governed by R.C. 2953.08(G)(2), which states that “an appellate court may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.” ... Therefore, we find the trial court’s imposition of the maximum sentencing terms for Counts 1-4 are not contrary to law.

Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence only when clear and convincing evidence shows that the record does not support the required findings or that the sentence is otherwise contrary to law.

State v. Carswell · filed 2021-08-19(G)(2)

We review felony sentences in accordance to R.C. 2953.08(G)(2), which states that “an appellate court may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.” ... Based upon our meaningful review of the trial court’s sentencing judgment, we clearly and convincingly find that the record supports the trial court’s findings under R.C. 2929.14(C)(4).

Section 2953.08(G)(2) permits reversal of a felony sentence only when clear and convincing evidence shows that the record does not support the sentence or that the sentence is otherwise contrary to law.

State v. McCallum · filed 2021-08-26(G)(2)

Consequently, an appellate court will not reverse a trial court's sentencing decision unless the evidence is clear and convincing that either the record does not support the sentence or the sentence is "otherwise contrary to law."

Section 2953.08(G)(2) requires an appellant challenging a felony sentence to demonstrate clearly and convincingly that the relevant statutory findings lack record support or that the sentence is contrary to law.

State v. Perez · filed 2021-08-27(G)(2)

We find that appellant has failed to demonstrate that the disputed sentence was clearly and convincingly based upon relevant statutory findings not supported by the record, or was otherwise contrary to law, as required by R.C. 2953.08(G)(2).

Section 2953.08(G)(2) permits an appellate court to reverse a felony sentence only upon clear and convincing evidence that the record does not support the required findings or that the sentence is contrary to law.

State v. Richard · filed 2021-08-30(G)(2)

Under R.C. 2953.08(G)(2), an appellate court will reverse a sentence “only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence only upon clear and convincing evidence that the record does not support the required findings or that the sentence is otherwise contrary to law.

State v. Hawkins · filed 2021-09-07(G)(2)

R.C. 2953.08(G)(2) provides that an appellate court can modify or vacate a sentence only if the appellate court finds by clear and convincing evidence that the record does not support the trial court's findings under relevant statutes or that the sentence is otherwise contrary to law.

Section 2953.08(G)(2) limits when an appellate court may disturb a felony sentence under a clear-and-convincing-evidence standard.

State v. Dickerson · filed 2021-09-15(G)(2)

This Court is therefore without authority to disturb Dickerson’s sentence absent a finding by clear and convincing evidence that the record does not support the trial court's findings under R.C. 2929.11 and 2929.12.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence only upon a clear and convincing finding that the record does not support the sentencing court’s findings or that the sentence is contrary to law.

State v. Wolf · filed 2021-09-16(G)(2)

Pursuant to R.C. §2953.08(G)(2), an appellate court may only “increase, reduce, or otherwise modify a sentence * * * or may vacate the sentence and remand the matter to the sentencing court for resentencing” if the court finds by clear and convincing evidence “(a) [t]hat the record does not support the sentencing court's findings[,]” or “(b) [t]hat the sentence is otherwise contrary to law.” ... Therefore, we find the imposition of consecutive sentences in this case was not contrary to law.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence only on a clear-and-convincing finding that specified findings lack record support or that the sentence is contrary to law.

State v. Stokes · filed 2021-09-20(G)(2)

R.C. 2953.08(G)(2) provides that an appellate court can modify or vacate a sentence only if the appellate court finds by clear and convincing evidence that the record does not support the trial court's findings under relevant statutes, which are not at issue in this appeal, or that the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence only upon a clear and convincing finding that the record does not support required findings or that the sentence is otherwise contrary to law.

State v. Stapleton · filed 2021-09-20(G)(2)

R.C. 2953.08(G)(2) provides that an appellate court can modify or vacate a sentence only if the appellate court finds by clear and convincing evidence that the record does not support the trial court's findings under relevant statutes or that the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence when it clearly and convincingly finds that the sentence is contrary to law.

State v. Massie · filed 2021-09-24(G)(2)

Under that statute, an appellate court may increase, reduce, or modify a sentence, or it may vacate the sentence and remand for resentencing, only if it clearly and convincingly finds either: (1) the record does not support the sentencing court’s findings under certain statutes; or (2) the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence only upon a clear-and-convincing determination that the record does not support it under the relevant statutes or that it is otherwise contrary to law.

State v. Hawkins · filed 2021-09-24(G)(2)

On review of a felony sentence, an appellate court may vacate or modify the sentence “only if it determines by clear and convincing evidence” that the record of the case does not warrant the sentence, pursuant to the relevant statutes, or that the sentence is otherwise contrary to law.

Section 2953.08(G)(2) does not permit an appellate court to reweigh a trial court’s consideration of R.C. 2929.11 and 2929.12 when reviewing an individual felony sentence.

State v. Wilson · filed 2021-09-24(G)(2)

Under Jones, we are unable to review the trial court’s consideration of R.C. 2929.11 and 2929.12 when it imposed appellant’s individual prison sentences.

Section 2953.08(G)(2) limits review of a felony sentence based on R.C. 2929.11 and R.C. 2929.12 to whether the sentence is contrary to law; an appellate court does not independently weigh whether the record supports it.

State v. Foster · filed 2021-09-27(G)(2)

In sum, the record demonstrates that the prison term imposed by the trial court in this case is within the statutory range and that the trial court considered the statutory factors in R.C. 2929.11 and 2929.12 when it imposed the maximum prison term upon Foster. Thus, Foster’s sentence is not clearly and convincingly contrary to law, and it must therefore be affirmed.

Section 2953.08(G)(2) supplies the standard of review for felony sentences, including consecutive sentences.

State v. Simmons · filed 2021-10-04(G)(2)

"It is instead the standard of review set forth in R.C. 2953.08(G)(2) that governs all felony sentences."

Section 2953.08(G)(2) limits an appellate court’s authority to disturb a felony sentence when the appellant does not argue that the sentence is contrary to law.

State v. Mohamed · filed 2021-10-08(G)(2)

R.C. 2953.08 governs appeals based on felony sentencing guidelines. ... Here, Mohamed does not argue that his sentence is contrary to law, and we find that his sentence is within the statutory range for a third-degree felony and a fifth-degree felony. This Court is therefore without authority to disturb Mohamed’s sentence absent a finding by clear and convincing evidence that the record does not support the trial court's findings under R.C. 2929.11 and 2929.12.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence when it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Knight · filed 2021-10-14(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, or otherwise modify a sentence, or vacate a sentence and remand for resentencing if it “clearly and convincingly finds” that the record does not support the sentencing court’s findings under R.C. 2929.13(B) or (D), 2929.14(B)(2)(e) or (C)(4), or 2929.20(I), or the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence when it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Evans · filed 2021-10-14(G)(2)

Pursuant to R.C. 2953.08(G)(2), when reviewing felony sentences, an “appellate court may increase, reduce, or otherwise modify a sentence,” or vacate a sentence and remand for resentencing if it “clearly and convincingly finds” that “the record does not support the sentencing court’s findings” under R.C. 2929.13(B) or (D), 2929.14(B)(2)(e) or (C)(4), or 2929.20(I), or “the sentence is otherwise contrary to law.”

When none of the listed sentencing findings warrants relief, § 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence only if it clearly and convincingly finds the sentence contrary to law.

State v. Trent · filed 2021-10-15(G)(2)

Because the trial court’s finding under R.C. 2929.13(B) was not unsupported by the record, and because none of the other statutes enumerated under R.C. 2953.08(G)(2) were applicable to this case, this court may modify or vacate Trent’s sentence only if it clearly and convincingly finds that Trent’s sentence is otherwise contrary to law.

An appellate court may modify or vacate a felony sentence if it clearly and convincingly finds the sentence contrary to law.

State v. Pal · filed 2021-10-18(G)(2)(b)

“The appellate court may increase, reduce, or otherwise modify a sentence * * * or may vacate the sentence and remand the matter to the sentencing court for resentencing * * * if it clearly and convincingly finds * * * [t]hat the sentence is * * * contrary to law.” R.C. 2953.08(G)(2)(b). ... After an independent examination, we find that no responsible contention can be made that Mr. Pal’s sentence is clearly and convincingly contrary to law.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence when it clearly and convincingly finds that the record does not support the specified sentencing findings or that the sentence is contrary to law.

State v. Holmes · filed 2021-10-27(G)(2)(a)

Pursuant to R.C. 2953.08(G)(2)(a), we may modify or vacate a defendant’s sentence only if we clearly and convincingly find that the record does not support the trial court’s findings under relevant statutes (specifically division (B) or (D) of section 2929.13, division (B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section 2929.20 of the Revised Code) or that the sentence is contrary to law.

Section 2953.08(G)(2) allows an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that the sentence is contrary to law.

State v. Ashcraft · filed 2021-10-28(G)(2)

R.C. 2953.08 governs appeals based on felony sentencing guidelines. Subsection (G)(2) sets forth this Court's standard of review as follows: ... The appellate court may increase, reduce, or otherwise modify a sentence that is appealed under this section or may vacate the sentence and remand the matter to the sentencing court for resentencing. The appellate court's standard for review is not whether the sentencing court abused its discretion. The appellate court may take any action authorized by this division if it clearly and convincingly finds either of the following: ... (b) That the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to change or vacate a felony sentence only when it clearly and convincingly finds that the record does not support specified findings or that the sentence is otherwise contrary to law.

State v. Reid · filed 2021-11-05(G)(2)

Under that statute, an appellate court may increase, reduce, or modify a sentence, or it may vacate the sentence and remand for resentencing, only if it clearly and convincingly finds either: (1) the record does not support the sentencing court's findings under certain statutes; or (2) the sentence is otherwise contrary to law.

Section 2953.08(G)(2) allows an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that the record does not support the required sentencing findings or that the sentence is contrary to law.

State v. Cooper · filed 2021-11-15(G)(2)

“The appellate court may increase, reduce, or otherwise modify a sentence that is appealed under this section or may vacate the sentence and remand the matter to the sentencing court for resentencing * * * if it clearly and convincingly finds * * * [t]hat the record does not support the sentencing court’s findings under division * * * (C)(4) of section 2929.14, or * * * [t]hat the sentence is otherwise contrary to law.” R.C. 2953.08(G)(2)(a) and (b). ... Based on the foregoing, we cannot clearly and convincingly find that the record fails to support the trial court's findings.

Section 2953.08(G) permits an appellate court to modify a sentence if it clearly and convincingly finds that the record does not support the trial court’s findings.

State v. Roland · filed 2021-11-17(G)

We “may increase, reduce, or otherwise modify a sentence” if we clearly and convincingly find that the record does not support the trial court’s findings.

Section 2953.08(G)(2) permits an appellate court to vacate a felony sentence as contrary to law only when it clearly and convincingly reaches that conclusion after reviewing the record.

State v. Riemer · filed 2021-11-18(G)(2)

R.C. 2953.08(G)(2) provides that when reviewing felony sentences, a reviewing court “shall review the record, including the findings underlying the sentence * * * given by the sentencing court” and “may vacate the sentence and remand the matter to the sentencing court for resentencing” only if it “clearly and convincingly finds” “the sentence * * * contrary to law.”

Section 2953.08(G)(2) allows an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Collins · filed 2021-11-18(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, or otherwise modify a sentence, or vacate a sentence and remand for resentencing if it “clearly and convincingly finds” that the record does not support the sentencing court’s findings under R.C. 2929.13(B) or (D), 2929.14(B)(2)(e) or (C)(4), or 2929.20(I), or the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to change or vacate a felony sentence when it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is contrary to law.

State v. White · filed 2021-11-24(G)(2)

Pursuant to R.C. 2953.08(G)(2), this Court may either increase, reduce, modify, or vacate a sentence and remand for resentencing where we clearly and convincingly find that either the record does not support the sentencing court's findings under R.C. 2929.13(B) or (D), 2929.14(B)(2)(e) or (C)(4), or 2929.20(I), or the sentence is otherwise contrary to law.

Section 2953.08(G)(2) allows an appellate court to modify or vacate a sentence for a community control violation only upon clear and convincing evidence that the relevant findings lack record support or the sentence is contrary to law.

State v. Covington · filed 2021-08-30(G)(2)

We review the trial court's sentencing decision for a community control violation under the standard set forth by R.C. 2953.08(G)(2). ... Under that statute, this court may modify or vacate a sentence only if, by clear and convincing evidence, "the record does not support the trial court's findings under relevant statutes or that the sentence is otherwise contrary to law."

Section 2953.08(G) permits an appellate court to modify or vacate a sentence only on an enumerated statutory ground or when the sentence is otherwise contrary to law.

State v. Thompson · filed 2021-09-15(G)(2)(a)

A sentence may be modified or vacated under R.C. 2953.08(G) only if it implicates one of the enumerated provisions in R.C. 2953.08(G)(2)(a) or is “otherwise contrary to law.”

Section 2953.08(G)(2) limits an appellate court’s authority to disturb a felony sentence unless it makes a specified finding by clear and convincing evidence.

State v. Allison · filed 2021-09-01(G)(2)

This Court is therefore without authority to disturb Allison’s sentence ... absent a finding by clear and convincing evidence that the record does not support the trial court’s findings under R.C. 2929.11 and 2929.12.

Section 2953.08(G)(2) places the burden on an appellant to identify clear and convincing evidence of sentencing error.

State v. Walker · filed 2021-10-29(G)(2)

The burden is on appellant to identify clear and convincing evidence in the record to show that the trial court erred in imposing his sentence.

Section 2953.08(D)(3) does not preclude appellate review of a constitutional challenge to a sentence for aggravated murder or murder.

State v. Jenkins · filed 2021-11-19(D)(3)

However, R.C. 2953.08(D)(3) is not the exclusive basis for appealing a sentence.

Section 2953.08(G)(2)(a) allows an appellate court to disturb consecutive sentences when it clearly and convincingly finds that the record does not support the sentencing court’s findings.

State v. Edding · filed 2021-09-30(G)(2)(a)

This court is also unable to find clearly and convincingly that the record does not support the sentencing court’s findings for consecutive sentences.

Section 2953.08(G)(2) permits an appellate court to change a consecutive sentence only if it clearly and convincingly finds that the record does not support the required findings or that the sentence is otherwise contrary to law.

State v. Smith · filed 2021-12-03(G)(2)

We may increase, modify, or vacate and remand a trial court’s imposition of consecutive sentences only if we clearly and convincingly find that: (1) “the record does not support the sentencing court’s findings under division * * * (C)(4) of section 2929.14, * * *” or (2) “the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) does not permit an appellate court to modify or vacate a sentence because it concludes the sentence is unsupported under R.C. 2929.11 and R.C. 2929.12.

State v. Jackson · filed 2021-12-10(G)(2)

Jones also noted that R.C. 2953.08(G)(2)(b) permits an appellate court to modify or vacate a sentence if it is “otherwise contrary to law.” Id. at ¶ 32, quoting R.C. 2953.08(G)(2)(b). But the Supreme Court ruled that an appellate court may not vacate or modify a sentence based upon the conclusion that the sentence is contrary to law because it “is not supported under R.C. 2929.11 and R.C. 2929.12.” Id. at ¶ 39. ... In Jackson’s case, the record reflects the trial court’s consideration of R.C. 2929.11 and R.C. 2929.12, and the five-year sentence was within the statutory sentencing range. Given the discussed case law and the record in this case, it would be frivolous to argue that Jackson’s sentence is contrary to law or otherwise subject to vacation or modification.

Section 2953.08(G)(2) does not permit an appellate court to modify or vacate a sentence merely because it finds the sentence unsupported under R.C. 2929.11 or R.C. 2929.12.

State v. Hutchins · filed 2021-12-10(G)(2)

Jones also noted that R.C. 2953.08(G)(2)(b) permits an appellate court to modify or vacate a sentence if it is “otherwise contrary to law.” Id. at ¶ 32, quoting R.C. 2953.08(G)(2)(b). But the Supreme Court ruled that an appellate court may not vacate or modify a sentence based upon the conclusion the sentence is contrary to law because it “is not supported under R.C. 2929.11 and R.C. 2929.12.” Id. at ¶ 39. ... Given this consideration, the trial court’s statutory ability to impose a prison term, and the discussed case law, it would be frivolous to argue that Hutchins’s sentence is contrary to law or otherwise subject to modification or vacation.

Section 2953.08(G)(2) limits appellate review of consecutive felony sentences to compliance with R.C. 2929.14(C)(4).

State v. El-Amin · filed 2021-12-10(G)(2)

We review a felony sentence within the parameters of R.C. 2953.08(G)(2), which restricts review of appellant’s consecutive sentence to R.C. 2929.14(C)(4).

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that the record does not support the specified sentencing findings or that the sentence is otherwise contrary to law.

State v. Bernhardt · filed 2021-12-13(G)(2)

When reviewing a trial court’s sentence, an appellate court may increase, reduce, or otherwise modify a sentence that is appealed or may vacate the sentence and remand the matter to the sentencing court for resentencing if it clearly and convincingly finds that the record does not support the sentencing court’s findings under division (D) of section 2929.13 or the sentence is otherwise contrary to law.

Section 2953.08(G)(2) authorizes an appellate court to modify a felony sentence when the defendant shows by clear and convincing evidence that it is contrary to law or unsupported by the record.

State v. Silvas · filed 2021-12-20(G)(2)

If the defendant establishes by clear and convincing evidence that his or her sentence is ‘(1) contrary to law and/or (2) unsupported by the record,’ an appellate court has the authority, pursuant to R.C. 2953.08(G)(2), ‘to increase, reduce, or otherwise modify a sentence * * *.’

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence and remand for resentencing when it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is contrary to law.

State v. Smith · filed 2021-12-20(G)(2)

R.C. 2953.08(G)(2) provides we may either increase, reduce, modify, or vacate a sentence and remand for resentencing where we clearly and convincingly find that either the record does not support the sentencing court’s findings under R.C. 2929.13(B) or (D), 2929.14(B)(2)(e) or (C)(4), or 2929.20(I), or the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to change or vacate a felony sentence when it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is contrary to law.

State v. Champelle · filed 2021-12-27(G)(2)

R.C. 2953.08(G)(2) provides we may either increase, reduce, modify, or vacate a sentence and remand for resentencing where we clearly and convincingly find that either the record does not support the sentencing court’s findings under R.C. 2929.13(B) or (D), 2929.14(B)(2)(e) or (C)(4), or 2929.20(I), or the sentence is otherwise contrary to law.

Section 2953.08(G)(2)(b) does not allow an appellate court to modify or vacate a sentence because it finds the record does not support the sentence under R.C. 2929.11 and 2929.12.

State v. Wolfe · filed 2022-01-18(G)(2)(b)

R.C. 2953.08(G)(2)(b) does not provide a basis for an appellate court to modify or vacate a sentence based on its view that the sentence is not supported by the record under R.C. 2929.11 and 2929.12.

Section 2953.08(G)(2) requires appellate review of the sentencing record and permits modification or vacatur when the court clearly and convincingly finds an unsupported specified finding or a sentence otherwise contrary to law.

State v. Browning · filed 2022-01-20(G)(2)

R.C. 2953.08(G)(2) provides that when reviewing felony sentences, the appellate court “shall review the record, including the findings underlying the sentence * * * given by the sentencing court” and that it “may increase, reduce, or otherwise modify a sentence * * * or may vacate the sentence and remand the matter to the sentencing court for resentencing” if it “clearly and convincingly finds” that (1) “the record does not support the sentencing court’s findings” under particular statutory provisions that do not apply here or (2) “the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) permits an appellate court to change or vacate a felony sentence only if it clearly and convincingly finds that specified findings lack record support or that the sentence is contrary to law.

State v. Hatfield · filed 2022-01-21(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, or modify a sentence, or it may vacate the sentence and remand for resentencing, only if it “clearly and convincingly” finds either (1) that the record does not support certain specified findings or (2) that the sentence imposed is contrary to law.

Section 2953.08(G)(2) permits an appellate court to change or vacate a felony sentence only when it clearly and convincingly finds that specified findings lack record support or that the sentence is contrary to law.

State v. Carter · filed 2022-01-28(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, or modify a sentence, or it may vacate the sentence and remand for resentencing, only if it "clearly and convincingly" finds either (1) that the record does not support certain specified findings or (2) that the sentence imposed is contrary to law.

Section 2953.08(G)(2) permits an appellate court to modify consecutive sentences when it clearly and convincingly finds that the record does not support the required findings or that the sentence is otherwise contrary to law.

State v. Miller · filed 2022-01-31(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, or otherwise modify consecutive sentences imposed under R.C. 292914(C)(4) if it clearly and convincingly finds that: (a) the record does not support the sentencing court’s findings; or (b) the sentence is otherwise contrary to law.

Section 2953.08(G)(2) allows an appellate court to modify or vacate a felony sentence if it finds by clear and convincing evidence that the sentence is contrary to law.

State v. Mercado · filed 2022-02-11(G)(2)

R.C. 2953.08(G)(2) allows an appellate court to increase, reduce, or otherwise modify a sentence, or vacate the sentence and remand for resentencing if the court finds by clear and convincing evidence that the sentence is contrary to law.

Section 2953.08(G)(2) requires an appellate court to clearly and convincingly find that the record does not support the sentencing findings before disturbing consecutive sentences.

State v. Delong · filed 2022-01-28(G)(2)

We cannot clearly and convincingly find that the record does not support the court’s findings that consecutive sentences were appropriate.

Section 2953.08(G)(2) permits an appellate court to modify a felony sentence when an applicable sentencing finding lacks record support or the sentence is contrary to law.

State v. Branch · filed 2022-01-20(G)(2)

In the instant case, the statutes in R.C. 2953.08(G)(2)(a) do not apply; therefore, we solely address whether Branch’s sentence is contrary to law.

Section 2953.08(G)(2) permits an appellate court to vacate a felony sentence and remand for resentencing when it clearly and convincingly finds that the record does not support the required consecutive-sentence findings.

State v. Smith · filed 2022-02-14(G)(2)

R.C. 2953.08(G)(2) provides we may either increase, reduce, modify, or vacate a sentence and remand for resentencing where we clearly and convincingly find that either the record does not support the sentencing court’s findings under R.C. 2929.13(B) or (D), 2929.14(B)(2)(e) or (C)(4), or 2929.20(I), or the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence if it finds by clear and convincing evidence that specified findings lack record support or that the sentence is otherwise contrary to law.

State v. Pope · filed 2022-02-14(G)(2)

Rather, R.C. 2953.08(G)(2) permits an appellate court to modify or vacate a sentence only if the appellate court finds by clear and convincing evidence that the record does not support the trial court's findings under certain listed statutes (specifically, R.C. 2929.13[B] or [D], R.C. 2929.14[B][2][e] or [C][4], or R.C. 2929.20[I]), or that the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to change a felony sentence if it clearly and convincingly finds that required sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Edwards · filed 2022-02-17(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, modify, or vacate and remand a challenged felony sentence if the court clearly and convincingly finds either that the record does not support the sentencing court’s findings as required by relevant sentencing statutes or the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence only if clear and convincing evidence shows that specified findings lack record support or the sentence is contrary to law.

State v. Frost · filed 2022-02-18(G)(2)

R.C. 2953.08(G)(2) states the standard that we apply when reviewing a felony sentence. In sum, “an appellate court may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under certain enumerated statutes or that the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) permits an appellate court to alter a felony sentence when it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is contrary to law.

State v. Arnder · filed 2022-02-18(G)(2)

Upon review, we do not find clear and convincing evidence that the record does not support the trial court's findings or that the sentence is contrary to law.

Section 2953.08(G)(2) does not allow an appellate court to modify or vacate a felony sentence merely because it finds the record does not support the sentencing court’s consideration of R.C. 2929.11 and 2929.12.

State v. Wilson · filed 2022-02-22(G)(2)

Further, Wilson has not demonstrated that his sentence is clearly and convincingly contrary to law or identified, in his brief, a basis upon which this Court could vacate or modify his sentence.

Section 2953.08(G)(2) allows an appellate court to modify a felony sentence when clear and convincing evidence shows that it is contrary to law or unsupported by the record.

State v. Eitzman · filed 2022-02-28(G)(2)

If the defendant establishes by clear and convincing evidence that his or her sentence is ‘(1) contrary to law and/or (2) unsupported by the record,’ an appellate court has the authority, pursuant to R.C. 2953.08(G)(2), ‘to increase, reduce, or otherwise modify a sentence * * *.’

Section 2953.08(G)(2)(b) permits appellate review of whether a felony sentence is contrary to law.

State v. Dix · filed 2022-03-10(G)(2)(b)

R.C. 2953.08(G)(2) describes two situations where an appellate court may overturn a sentence. ... In the instant case, Dix does not raise any of the R.C. 2953.08(G)(2)(a) factors; therefore, we focus on whether the sentence is contrary to law.

Section 2953.08(G)(2) governs appellate review of felony sentences: abuse of discretion is not the standard, and relief requires a clear and convincing finding of a specified error or a sentence contrary to law.

State v. Buckhanon · filed 2022-03-10(G)(2)

R.C. 2953.08(G)(2) states that when reviewing felony sentences, an “appellate court’s standard for review is not whether the sentencing court abused its discretion.” Rather, the statute states that if we “clearly and convincingly” find that (1) “the record does not support the sentencing court’s findings under” certain sentencing provisions not at issue in this case, or that (2) “the sentence is otherwise contrary to law,” then we “may increase, reduce, or otherwise modify a sentence * * * or [we] may vacate the sentence and remand the matter to the sentencing court for resentencing.”

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence when it clearly and convincingly finds that the record does not support the sentencing findings or that the sentence is contrary to law.

State v. Garcia · filed 2022-03-10(G)(2)

R.C. 2953.08(G)(2) provides that an appellate court may increase, reduce, modify, or vacate and remand a felony sentence if the court clearly and convincingly finds either that the record does not support the sentencing court’s findings or the sentence is otherwise “contrary to law.”

Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence only when the record does not support findings under the enumerated statutes or the sentence is contrary to law.

State v. Hoagland · filed 2022-03-11(G)(2)

With regard to Hoagland’s sentence, appellate review is governed by R.C. 2953.08(G)(2). Under that statute, we may vacate or modify a sentence only if the record does not support findings made under certain enumerated statutes or if the sentence is contrary to law.

Section 2953.08(G) permits an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that specified findings lack record support or the sentence is contrary to law.

State v. Searls · filed 2022-03-18(G)

When reviewing felony sentences, we must apply the standard of review set forth in R.C. 2953.08(G). Under that statute, an appellate court may increase, reduce, or modify a sentence, or vacate it all together and remand for resentencing, if it “clearly and convincingly finds either (1) the record does not support certain specified findings or (2) that the sentence imposed is contrary to law.”

Section 2953.08(G) permits an appellate court to modify or vacate a felony sentence when it clearly and convincingly finds that specified findings lack record support or that the sentence is contrary to law.

State v. Keister · filed 2022-03-18(G)

When reviewing felony sentences, we must apply the standard of review set forth in R.C. 2953.08(G). Under that statute, an appellate court may increase, reduce, or modify a sentence, or vacate it all together and remand for resentencing, if it “clearly and convincingly finds either (1) the record does not support certain specified findings or (2) that the sentence imposed is contrary to law.” State v. Worthen, 2d Dist. Montgomery No. 29043, 2021-Ohio-2788, ¶ 13.

Section 2953.08(G)(2) requires an appellate court to clearly and convincingly find that the record does not support consecutive-sentence findings or that the sentence is contrary to law before disturbing the sentence.

State v. McKinney · filed 2022-03-18(G)(2)

An appellate court reviews a trial court’s imposition of consecutive sentences under R.C. 2953.08(G)(2)’s standard. We must “clearly and convincingly” find that 1.) “the record does not support the sentencing court’s findings” that consecutive sentences were necessary under R.C. 2929.14(C)(4); or 2.) “the sentence is contrary to law.”

Section 2953.08(G)(2) requires an appellate court to uphold a felony sentence unless the record clearly and convincingly fails to support the relevant statutory findings or the sentence is otherwise contrary to law.

State v. Shackleford · filed 2022-03-25(G)(2)

When reviewing a felony sentence, an appellate court must uphold the sentence unless the evidence clearly and convincingly does not support the trial court's findings under the applicable sentencing statutes or the sentence is otherwise contrary to law.

Section 2953.08(G)(2)(b) permits an appellate court to modify or vacate a felony sentence when it clearly and convincingly finds the sentence contrary to law.

State v. Rice · filed 2022-03-31(G)(2)(b)

“R.C. 2953.08(G)(2)(b) permits an appellate court to modify or vacate a sentence if it clearly and convincingly finds that the sentence is ‘otherwise contrary to law.’” Jones at ¶ 32. ... The record in the present case plainly shows that the prison term imposed by the trial court was within the statutory range and that the court considered the purposes of felony sentencing set forth in R.C. 2929.11 and the sentencing factors set forth in R.C. 2929.12. ... As such, the maximum sentence imposed on the robbery count is not contrary to law and the first assignment of error is overruled.

Section 2953.08(G)(2) requires appellate courts reviewing a felony sentence to examine the record and permits relief when they clearly and convincingly find that it does not support the required sentencing findings.

State v. Davis · filed 2022-03-31(G)(2)

R.C. 2953.08(G)(2) states that the appellate court “shall review the record, including the findings underlying the sentence * * * given by the sentencing court.” ... We are unable to clearly and convincingly find that the record does not support the trial court’s findings under R.C. 2929.14(C)(4), or that the sentence is contrary to law.

When none of the findings enumerated in section 2953.08(G)(2) was required, an appellate court may modify or vacate a felony sentence only if it clearly and convincingly finds the sentence contrary to law.

State v. Small · filed 2022-03-04(G)(2)

Here, the trial court was not required to make any findings under the relevant statutes enumerated in R.C. 2953.08(G)(2). Therefore, Small’s sentence may be modified or vacated on appeal only if the sentence is clearly and convincingly contrary to law.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence only when clear and convincing evidence shows that the record does not support the required findings or that the sentence is otherwise contrary to law.

State v. Luttrell · filed 2022-04-04(G)(2)

R.C. 2953.08(G)(2) provides that an appellate court can modify or vacate a sentence only if the appellate court finds by clear and convincing evidence that the record does not support the trial court's findings under relevant statutes or that the sentence is otherwise contrary to law.

Section 2953.08(G)(2) requires an appellate court reviewing consecutive sentences to apply a clear-and-convincing standard when assessing whether the record supports the sentencing findings.

State v. Vitumukiza · filed 2022-04-07(G)(2)

We find that the record clearly and convincingly contains evidence sufficient to support the trial court’s consecutive sentence findings.

Section 2953.08(G)(2) permits an appellate court to change a felony sentence only if it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Litteral · filed 2022-04-08(G)(2)

Under that statute, an appellate court may increase, reduce, or modify a sentence, or it may vacate the sentence and remand for resentencing, only if it clearly and convincingly finds either: (1) the record does not support the sentencing court's findings under certain statutes; or (2) the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits a reviewing court to overturn consecutive felony sentences if it clearly and convincingly finds that the record does not support the required findings or that the sentence is otherwise contrary to law.

State v, Watkins · filed 2022-04-14(G)(2)

R.C. 2953.08(G)(2) provides that when reviewing felony sentences, a reviewing court may overturn the imposition of consecutive sentences where the court “clearly and convincingly” finds that (1) “the record does not support the sentencing court’s findings under R.C. 2929.14(C)(4),” or (2) “the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence only when the record does not support findings under an enumerated statute or the sentence is contrary to law.

State v. Turner · filed 2022-04-15(G)(2)

With regard to sentencing, appellate review is governed by R.C. 2953.08(G)(2). Under that statute, we may vacate or modify a sentence only if the record does not support findings under certain enumerated statutes or if the sentence is contrary to law.

Section 2953.08(G)(2) sets the clear-and-convincing standard for appellate review of felony sentences.

State v. Garlough · filed 2022-04-18(G)(2)

An appellate court reviews felony sentences pursuant to the standard of review set forth in R.C. 2953.08(G)(2) to determine whether the imposition of those sentences is clearly and convincingly contrary to law.

Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence only upon clear and convincing evidence that the record does not support the required findings or that the sentence is otherwise contrary to law.

State v. Robinson · filed 2022-04-21(G)(2)

Appellate review of felony sentences is governed by R.C. 2953.08(G)(2), which provides that “an appellate court may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under relevant statutes or that the sentence is otherwise contrary to law.” Marcum at ¶ 1, 21.

Section 2953.08(G)(2) permits a reviewing court to overturn consecutive sentences only when it clearly and convincingly finds that the record does not support the required findings or that the sentence is otherwise contrary to law.

State v. Morris · filed 2022-04-21(G)(2)

A reviewing court may overturn the imposition of consecutive sentences only if it clearly and convincingly finds that either (1) “the record does not support the sentencing court’s findings under * * * [R.C. 2929.14(C)(4)],” or (2) “the sentence is otherwise contrary to law.” R.C. 2953.08.

Section 2953.08(G)(2) permits an appellate court to vacate or modify a sentence only when the record does not support findings under specified statutes or the sentence is contrary to law.

State v. Smith · filed 2022-04-22(G)(2)

Appellate review is governed by R.C. 2953.08(G)(2). Under that statute, we may vacate or modify a sentence only if the record does not support findings under certain enumerated statutes or if the sentence is contrary to law.

Section 2953.08(G)(2) permits an appellate court to change or vacate a felony sentence only if it clearly and convincingly finds that specified findings lack record support or that the sentence is contrary to law.

State v. O'Halloran · filed 2022-04-22(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, or modify a sentence, or it may vacate the sentence and remand for resentencing, only if it “clearly and convincingly” finds either (1) that the record does not support certain specified findings or (2) that the sentence imposed is contrary to law.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence if it clearly and convincingly finds that specified sentencing findings lack record support or that the sentence is otherwise contrary to law.

State v. Hervey · filed 2022-05-05(G)(2)

Under R.C. 2953.08(G)(2), an appellate court may increase, reduce or otherwise modify a sentence or vacate a sentence and remand for resentencing if it “clearly and convincingly finds” that (1) the record does not support the sentencing court’s findings under R.C. 2929.13(B) or (D), 2929.14(B)(2)(e) or (C)(4) or 2929.20(I) or (2) the sentence is “otherwise contrary to law.”

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence only upon clear and convincing evidence that specified findings lack record support or that the sentence is otherwise contrary to law.

State v. Manns · filed 2022-05-16(G)(2)

R.C. 2953.08(G)(2) provides that an appellate court can modify or vacate a sentence only if the appellate court finds by clear and convincing evidence that the record does not support the trial court's findings under certain enumerated statutes (division [B] or [D] of section 2929.13, division [B][2][e] or [C][4] of section 2929.14, or division [I] of section 2929.20 of the Revised Code) or that the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence only when it clearly and convincingly finds that the record does not support specified statutory findings or that the sentence is otherwise contrary to law.

State v. White · filed 2022-05-23(G)(2)

Therefore, when applying the plain language of R.C. 2953.08(G)(2) to the case at bar, "we may vacate or modify a felony sentence only if this court determines by clear and convincing evidence that: (1) the record does not support the trial court's findings under those specific, enumerated, statutes; or (2) the sentence is otherwise contrary to law."

Section 2953.08(G)(2)(b) does not permit an appellate court to modify or vacate a felony sentence because it finds the sentence unsupported by the record under sections 2929.11 and 2929.12.

State v. Smith · filed 2022-05-27(G)(2)(b)

The Ohio Supreme Court recently stated that R.C. 2953.08(G)(2)(b) “does not provide a basis for an appellate court to modify or vacate a sentence based on its view that the sentence is not supported by the record under R.C. 2929.11 and 2929.12.” State v. Jones, 163 Ohio St.3d 242, 2020-Ohio-6729, 169 N.E.3d 649, ¶ 39. ... Smith’s claims that her sentence was not supported by the record under R.C. 2929.11 and R.C. 2929.12 and that the court erred in its conclusions regarding her remorse and risk of recidivism are precluded by Jones.

Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence when it clearly and convincingly finds that the record does not support the trial court’s findings.

State v. Bentley · filed 2022-05-27(G)(2)

Thus, an appellate court may vacate or modify a sentence if the court clearly and convincingly finds that the record does not support the trial court’s findings.

Section 2953.08(G)(2) does not authorize an appellate court to modify or vacate a judicial sanction for a postrelease control violation when the sentence is not clearly and convincingly contrary to law.

State v. Miller · filed 2022-05-31(G)(2)

As such, we have no authority under R.C. 2953.08(G)(2) to modify or vacate Miller's judicial sanction sentence, and we find Miller's "abuse of discretion" argument meritless.

Section 2953.08(G)(2) permits an appellate court to modify or vacate a felony sentence only when it clearly and convincingly finds that the record does not support the sentencing court’s finding or that the sentence is otherwise contrary to law.

State v. Ryan · filed 2022-06-03(G)(2)

R.C. 2953.08(G)(2) governs our review of felony sentences, and allows us to “increase, reduce, or otherwise modify a sentence” or vacate and remand for resentencing only if we clearly and convincingly find either (a) that the record does not support the sentencing court’s finding or (b) that the sentence is otherwise contrary to law.

Section 2953.08(G)(2) permits an appellate court to vacate and remand consecutive sentences only when it clearly and convincingly finds that the required findings lack record support or the sentence is otherwise contrary to law.

State v. Davis · filed 2022-06-06(G)(2)

Under R.C. 2953.08(G)(2), an appellate court will vacate and remand a trial court’s imposition of consecutive sentences only if it clearly and convincingly finds that “the record does not support the sentencing court’s findings under division * * * (C)(4) of section 2929.14, or * * * “[t]hat the sentence is otherwise contrary to law.”

Section 2953.08(G)(2) permits an appellate court to vacate or modify a felony sentence only upon a clear-and-convincing determination that the record does not support specified findings or that the sentence is otherwise contrary to law.

State v. Phillips · filed 2022-04-15(G)(2)

Under that statute, an appellate court may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence that the record does not support the trial court’s findings under certain enumerated statutes or that the sentence is otherwise contrary to law.